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KWJA INC DBA KEY WEST ADVENTURES

3424 N ROOSEVELT BLVD

KEY WEST FL 33040

305-293-3555

2. GENERAL TERMS AND CONDITIONS

This Rental Agreement sets forth the entire agreement with the exception of the attached Liability Waiver, and furthermore, understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Rental Agreement are merged herein. Additionally, the consideration recited herein is the full, complete and entire consideration for this Rental Agreement, and there is no further consideration to be paid by any party to any other party except as recited herein. If any provision or part of this Rental Agreement will be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement will remain valid and enforceable by any party to this Rental Agreement. This Rental Agreement will be governed by and construed under the laws of the State of Florida and a venue in Monroe County, Florida. In the event KWJA,INC prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to make whole for all financial losses and indemnify KWJA, INC for its litigation expenses, including without limitation, reasonable attorney’s fees and court costs not to exclude collection costs incurred. I acknowledge and agree that this Rental Agreement is a contract solely between KWJA INC and the below signed.


3. OPERATION INSTRUCTIONS

I acknowledge and certify, I have received operation instructions aboard the watercraft by a KWJA INC agent prior to my scheduled departure time. After receiving said hands on instruction, I am confident and physically capable in all aspects of the operation of said Watercraft and following all safety instructions provided by KWJA INC.


4. USCG SAFETY CHECKLIST

I have been adequately shown the location/s and procedure/s of how to access and utilize all safety equipment aboard the vessel. I have been provided a copy of the signed USCG Pontoon Boat Safety Checklist for further review if necessary. I am confident of my knowledge & physical capacity to execute the procedures outlined within the attached 2 (two) page USCG Pontoon Boat Safety Check List.

Initial Acceptance


5. Rules for Use of Pontoon Boat and Equipment.

Renter agrees that he or she will use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety flares/whistle (hereinafter collectively referred to as the “pontoon boat equipment”) only for the purpose of personal entertainment, with safety always in mind and your first priority in accordance with ALL of the following rules.

Please CHECK each statement and sign below to indicate you understand the requirements of operating this vessel and further acknowledging acceptance of the following rules:

A.  Renter and renter’s guest/s, will obey all federal, Florida, and local laws, ordinances, rules or regulations with respect to the use and operation of the pontoon boat equipment and will obey all lawful directives of the DEPARTURE POINT Marina Dock Master, emergency or law enforcement personnel while operating the pontoon boat equipment. 

I Agree

B. Renter and renter’s guest/s, will NOT, at any time, dangle their legs off the sides of the pontoon boat while the engines are started and/or in motion. This is against the law and dangerous. You can be pulled under the boat resulting in serious injury or death.

I Agree
 

C. Renter and renter’s guest/s, will close and secure the front and back door with all riders safely inside BEFORE/PRIOR to the ignition key is inserted and pontoon boat engine started. All riders must not sit, stand and/or ride on the upper deck and/or ladder to upper deck while pontoon boat engine is started/running and/or in motion.

I Agree
 

D. Renter and renter’s guest/s, will ensure the motor is to be in down position and key out of ignition before anyone is allowed to engage in any in water activities.

I Agree
 

E. Renter understands and knows how to use the three step fold up ladder for access to and from boat, using it as the exclusive/only point of access, furthermore, ensuring the ladder is properly stowed before/prior to starting the engine.

I Agree
 

F. Renter and renter’s guest/s, will not jump and/or dive from vessel at any time while aboard. Access to and from water is to be by ladder only.

I Agree
 

G. Renter and renter’s guest/s, will designate a capable and sober look out for in water activities. 

I Agree
 

H. Renter and renter’s guest/s, has been instructed/shown and understands where all safety equipment is located on this vessel.

I Agree
 

I. “Operator” will not consume, nor be under the influence of, any intoxicant (including but not limited to alcohol or any other controlled substance not to exclude prescription drugs that may make you drowsy and/or impair your judgement) while operating the pontoon boat equipment and supervising his/her guest/s are obeying said rules herein. I (renter and/or operator) also understands that they are responsible for the safety of all persons on-board. I (renter and/or operator) understand where all safety equipment is and have no further questions. 

I Agree
 

J. Renter and renter’s guest/s, will not make unreasonable or excessive noise while operating the pontoon boat equipment. Other boaters including the marine police may assume you are signaling for help or in distress.

I Agree
 

K. Renter and renter’s guest/s, will return all of the pontoon boat equipment, in good working order and condition, at the end of the rental agreement and if any equipment has been lost, Renter will inform the KWJA INC’s employees/agent upon return. Renter will be financially responsible for all lost equipment cost at current market value. 

I Agree
 

L. Renter will follow all posted speed limits, including obeying the NO WAKE ZONES and rules of navigation while on the water, and furthermore, will stay clear of all other boats in operation on the water. Renter will not attempt to board another vessel from the pontoon boat. Renter will take care not to allow the pontoon boat to collide or damage other vessels that may be docked in the marina or in operation on navigable waters.

I Agree
 

M. Renter and renter’s guest/s, will not throw trash or litter from the pontoon boat, into the water or otherwise, and acknowledges that they may be operating in environmentally sensitive areas. All trash or litter must be secured to keep it from accidentally falling into the water and upon the end of the rental, all trash and litter will be deposited in the appropriate trash receptacles.

I Agree
 

N. Renter will not take the pontoon boat more than 10 nautical miles from POINT OF DEPARTURE_________________________________________________

I Agree
 

O. Renter will not allow anyone other than Renter and/or guest who is qualified with completed boater safety coarse to use or operate the pontoon boat equipment.

I Agree
 

P. Renter will not, “except in an emergency” to return to dock or place fuel in the gas tank from any other source other than _____________________________________________

I Agree
 

Q. Renter will not maneuver the pontoon boat into the Gulf of Mexico and or the Atlantic Ocean. The waters are too rough for the pontoon boat to operate safely.

I Agree
 

6. CAUTION!!– PHYSICAL DAMAGES

By my authorized signature below, I agree that I have read and fully understand the attached Waiver and Release of Liability and furthermore, agree to pay for any and all repair costs and other physical damages that may occur to the watercraft during my rental, operation or other use from any cause whatsoever whether deliberate or unintentional as specifically set forth in Exhibits “A” “B” and “C”.

Initial Acceptance


EXHIBIT “A”

I hereby voluntarily and of my own volition authorize KWJA INC, INC the to immediately charge my credit card in the event there is any damage to, accident or incident of any kind regarding the rented watercraft during the rental period. This includes damages done to the rental watercraft, motor, or equipment as a result of beaching, running aground, reckless operation, negligence, equipment loss, or violation of the rules. I understand that KWJA INC will conduct an estimate for repairs by a reputable licensed repair company of their sole choosing and provide me with a copy for review. I further covenant and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card. I recognize that KWJA INC has a good faith basis for requiring this provision as it is the only way to protect them from me canceling my credit card or challenging the charges in the event of damages to the watercraft. All damages deemed extreme by KWJA INC are subject to investigation by the Monroe County Sheriff’s Department, and/or the FLorida Fish and Wildlife Commission, amd/or the United State Coast Guard

Initial Acceptance


EXHIBIT “B”

I hereby voluntarily and of my own volition authorize KWJA INC right to immediately charge my credit card and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card.

Initial Acceptance


EXHIBIT “C”

In the event the credit card declines, I agree to reimburse KWJA INC immediately for any and all accidental and/or intentional damages incurred while watercraft is in my possession not to exclude all accessories/equipment provided aboard the vessel. I agree to make KWJA INC whole again for any losses they incurred. I also agree to pay for collection costs and cooperate with KWJA INC affiliates, not to exclude their insurance providers/underwriters and/or investigators of all capacity.

Initial Acceptance


8. CANCELLATION POLICY!

I agree cancellations may be voluntarily made on renter’s behalf two weeks (14 days) or more prior to the scheduled boat rental departure time with a 10% penalty. A refund will be issued in the amount of 90% of purchase.

I agree cancellations “within” two weeks (14 days) of scheduled boat rental departure time will receive a gift card which never expires for 100% of purchase value.

I agree cancellations due to “NO SHOW” will not receive a refund nor gift card.

I agree KWJA INC reserves the right to cancel any reservation due to inclement weather that would make the rental unsafe, in which a full refund will be issued back to the credit card used to make purchase. All refunds takes 5-10 business days for the funds to transfer back to credit card.

I agree the decision to cancel due to inclement weather belongs solely to KWJA INC not the Renter in order to qualify for the refund.

Initial Acceptance


7. PRIVACY

KWJA INC DOES NOT sell nor share Renter and/or their guest’s information with ANYONE! We shred and destroy all sensitive information (IE. credit card numbers) after you return from your rental and finalize the service/s you (Renter) received. Only in the event of an emergency would KWJA, INC share Renter’s name and guest itinerary with the proper authority personnel cooperating with rescue, emergency, collection and/or criminal investigation efforts.

I Agree

8. FIRST AID KIT AND FIRE EXTINGUISHERS

First Aid kit and Fire Extinguishers are provided aboard the vessel in the event of an emergency. I agree to reimburse KWJA INC for the use of any First Aid equipment accessories used and/or replacement of any safety equipment not to exclude Fire Extinguishers used while aboard the watercraft at current fair market value.

I Agree

9. Scheduling Times and Punctuality

I agree to arrive at POINT OF DEPARTURE 30 minutes early prior to my scheduled departure time to complete safety training and orientation. If I arrive late, the scheduled safety orientation time allotted will be deducted from my scheduled rental time and I agree my charges will not be compensated nor adjusted for my tardiness. I also agree If I return the pontoon boat later than the scheduled return time, I will be charged at the rate of $100 per hour additional. Furthermore, I agree that the additional hours are not prorated. 15 minutes late = 1 (one) billable hour! I agree and understand my punctuality is paramount to prevent additional charges.

I Agree

10. Fuel Costs

When returning to POINT OF DEPARTURE, the dock master and/or KWJA INC Staff will assist you in replenishing the fuel consumed during your rental. Once the tank is topped off, KWJA INC  will need to swipe your credit card for payment of fuel used. Cash is also accepted. KWJA , INC is not responsible nor provides the fuel for your rental. Renter assumes the cost of fuel at current market value.

I Agree

I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS RENTAL AGREEMENT I HAVE FULLY INFORMED MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THIS RENTAL AGREEMENT, AND THAT I HAVE RELIED SOLELY ON MY OWN JUDGMENT IN EXECUTING THIS RENTAL AGREEMENT. I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE AND COVENANT NOT TO SUE, AND INDEMNITY, AND I UNDERSTAND THAT I AM WAIVING SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF KWJA INC WATERCRAFT. I ENTER INTO THIS RENTAL AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

I Agree


First RENTER Name

First Name*

Middle Name

Last Name*

Phone*
First RENTER Date of Birth*
First RENTER Signature*
Second RENTER Name

First Name*

Middle Name

Last Name*
Second RENTER Date of Birth*
Third RENTER Name

First Name*

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Third RENTER Date of Birth*
Fourth RENTER Name

First Name*

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Fourth RENTER Date of Birth*
Fifth RENTER Name

First Name*

Middle Name

Last Name*
Fifth RENTER Date of Birth*
Sixth RENTER Name

First Name*

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Sixth RENTER Date of Birth*
Seventh RENTER Name

First Name*

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Seventh RENTER Date of Birth*
Eighth RENTER Name

First Name*

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Eighth RENTER Date of Birth*
Ninth RENTER Name

First Name*

Middle Name

Last Name*
Ninth RENTER Date of Birth*
Tenth RENTER Name

First Name*

Middle Name

Last Name*
Tenth RENTER Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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